Sherman v. Wilder
Massachusetts Supreme Judicial Court
Contract to recover the rent due for the months of January and February 1870, under the lease of a tenement in Boston, made by the plaintiff to the defendant June 1,1869 for the term of fifteen months, for a rent payable monthly. Writ dated March 2, 1870. The lease was annexed to the declaration, and contained a covenant on the part of the lessee “ to make no unlawful, improper or offensive use of the premises.”
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Contract to recover the rent due for the months of January and February 1870, under the lease of a tenement in Boston, made by the plaintiff to the defendant June 1,1869 for the term of fifteen months, for a rent payable monthly. Writ dated March 2, 1870. The lease was annexed to the declaration, and contained a covenant on the part of the lessee “ to make no unlawful, improper or offensive use of the premises.” The answer alleged that the plaintiff knowingly leased the premises to be used for the illegal keeping and illegal sale of intoxicating liquors, and that they were so used, with the…
1Opinion of the CourtColt, J.
If the plaintiff gave the lease declared on, knowing that the defendant intended to use the premises described therein for che illegal sale of intoxicating liquor, and to enable the defendant to carry on the business there, and the premisés were in fact so used, he cannot recover the rent due upon it, in this action. It was a contract void for illegality. The fact may be proved by paroi, and cannot be objected to as contradicting the terms of the lease. The rule given to the jury was correct. Gen. Sts. c. 87, § 9.
The rulings asked for by the plaintiff could not have been properly given;…
2Cited by13 opinions
- Chase v. Proprietors of the Revere HouseMassachusetts Supreme Judicial Court · 1919
- Heart v. East Tennessee Brewing Co.Tennessee Supreme Court · 1908
- Adamsky v. MendesMassachusetts Supreme Judicial Court · 1950
- Farrington v. StuckyCourt of Appeals for the Eighth Circuit · 1908
- Mitchell v. CampbellMississippi Supreme Court · 1916
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